(Newark, California) A California appeals court has upheld the murder convictions of two men in the slaying of transgendered teen Gwen Araujo.

Two other men, Jaron Nabors, 26, and Jason Cazares, 29, pleaded guilty or no contest to voluntary manslaughter charges.

Magidson and Merel appealed, claiming that their trial was unfair because of errors in jury instructions and comments by the prosecutor.

The appeal claimed that they should have been convicted of the lesser charge or manslaughter because they had acted out of “passion” after discovering Araujo was biologically male.

A three-judge panel of the Court of Appeal rejected Magidson’s and Merel’s claims, ruling that there had been substantial evidence for the second-degree murder convictions.

Magidson’s attorney said he plans to appeal further to the California Supreme Court.

Araujo was born a boy named Edward but from an early age saw herself as a girl, which is how she was known to the Magidson and Merel.

The two had sexual encounters with Araujo, according to court testimony, experiences that fueled suspicions leading to the showdown in the early hours of Oct. 4, 2002, at Merel’s house in the San Francisco suburb of Newark.

The debate was settled when Araujo’s underwear was roughly pulled aside.

She was then beaten, battered with a shovel and then strangled to death. Her body was found in a shallow grave several days later.

Nabors and Cazares were in the house at the time and did nothing to stop the attack.  They later helped dispose of the body.